O-34-07 06/14/2007VILLAGE OF LEOIT
ORDINANCE NO.O.
AN ORDINANCE GRANTING A VARIATION TO ALLOW THE ALTERATION OF A
NONCONFORMING STRUCTURE TO INCREASE THE NONCONFORMITY OF THE
STRUCTURE
(729 Walnut)
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 14TH DAY OF JUNE, 2007.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, DuPage, and Will
Counties, Illinois this 14th day of
June, 2007.
ORDINANCE NO.b 34197
AN ORDINANCE GRANTING A VARIATION TO ALLOW THE ALTERATION
OF A NONCONFORMING STRUCTURE TO INCREASE THE
NONCONFORMITY OF THE STRUCTURE
(729 Walnut)
WHEREAS, Walter Rafacz, hereinafter referred to as "the Petitioner," is the
owners of 729 Walnut Street, •hereinafter referred to as "the subject property," and legally
described in Exhibit "A "; and
WHEREAS, the applicant is seeking a variation from the Lemont Zoning
Ordinance, §XVII.C.1, to allow a front porch to be added to a legal nonconforming
structure and increasing the nonconformity of the structure, pursuant to §XVIII.I of the
Lemont Zoning Ordinance; and
WHEREAS, the Planning and Zoning Commission of the Village of Lemont, Illinois
(the "Village ") did heretofore commence and conduct a Public Hearing on April 17, 2007 for
approval of the variation and voted 5 -0 with two members absent to recommend approval
with the finding of facts attached as Exhibit B; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner
provided by law and was published in the Daily Southtown a newspaper of general
circulation within the Village; and
WHEREAS, the President and Board of Trustees of the Village has reviewed the
matter herein and has determined that the same is in the best interest of the Village of
Lemont, and herein adopts the finding of facts as set forth by the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK,
DUPAGE, AND WILL, ILLINOIS:
SECTION 1: Variation. A variation is granted from the Lemont Zoning Ordinance,
§XVII.C.1, to allow a nonconforming structure to be altered by the addition of a front porch
and therefore increasing the nonconformity of the structure.
SECTION 2: Conditions of Approval. The above variation shall be approved
subject to the following conditions:
1. That all the requirements of the Lemont Zoning Ordinance and Lemont Building
Codes shall be applicable except as varied as set forth in SECTION ONE above.
2. The porch location shall be consistent with the location as shown on Exhibit C.
3. The porch shall be an open porch and shall not be enclosed in any manner or
converted to living space.
4. That the variation granted by this ordinance shall be null and void and of no force
and effect whatsoever unless an application for a building permit pursuant to such
variation is made and construction commenced within one year of the date this said
Ordinance becomes effective.
SECTION 3: That the Village Clerk of the Village of Lemont be and is directed hereby
to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois,
made and provided.
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS,
ON THIS 14`h DAY OF May, 2007.
AYES NAYS PASSED ABSENT
DEBBY BLATZER
PETER COULES >f
CLIFFORD MIKLOS
BRIAN REAVES I�
RON STAPLETON ✓'
JEANETTE VIRGILIO
Approved by me this 14`h day of May, 2007.
JO
Attest:
PIAZZA, V'.lag,
sident
CHARLENE SMOLLEN, Village Clerk
Exhibit A
LOT 6 IN THE SUBDIVISION OF LOT 8 OF THE SUBDIVISION OF
LOTS 3 AND 11 OF THE SUBDIVISION OF BLOCK 7 OF DOWSE'S
ADDITION TO LEMONT OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11,
EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT LOT 17 OF
EULERTS SUBDIVISION OF SAID BLOCK 7, IN COOK COUNTY
ILLINOIS.
EXHIBIT B
Planning and Zoning Commission Finding of Fact
(1) The variation is in harmony with the general purpose and intent of this Zoning Ordinance.
Finding: The variation will not decrease property values, add to the congestion of the
roadways, overcrowd the land or impede any natural light, pure air or create a safety hazard.
(2) The plight of the owner is due to unique circumstances and thus strict enforcement of the Zoning
Ordinance would result in practical difficulties or impose exceptional hardships due to the special and
unusual conditions that are not generally found on other properties in the same zoning district.
Finding: The location of the home makes it impossible to make the home look better in the front
without the variation. The neighborhood is an older neighborhood, and the front yard setbacks have
been established. The only alternative is to teardown the home and rebuild.
(3) The variation will not alter the essential character of the locality and will not be a substantial
determent to adjacent property.
Finding: The addition of a porch would not change the character of the neighborhood.
Several homes have front porches. The decreased front yard setback would not be out of
character with the neighborhood. The range of current setbacks if from nine feet (711
Walnut Street) to 17 feet (725 Walnut Street).
EXHIBIT C
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